The 2-Minute Rule for 44 cash
The 2-Minute Rule for 44 cash
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which, inside our belief, needs to be answered within the damaging. Posting 2291, R. C. S. 1925, offers that: "The clerk shall hold a motion docket where he shall enter just about every motion submitted in his courtroom, the names from the functions as well as their Lawyers, a quick assertion of its character, and the quantity of the match wherein it truly is created if it relates to a match pending. * * * Detect of the movement in a go well with pending is given by submitting the motion and its entry during the movement docket in the course of the expression. * * *" Whilst we do not deem it necessary to determine irrespective of whether, right after dismissal and just before reinstatement, the situation had the standing of "a accommodate pending" in the which means of the statute, nonetheless we've been inclined to the watch expressed in Hexter v. Pratt (Tex. Com. App.) 10 S.W.(2nd) 692, 694, with reference into a case With this problem, where the courtroom stated: "It [the judgment of dismissal] is exactly what it purports to be, a perseverance of an absence of diligence in prosecuting the fit for which it's stricken from the docket. It effectually set an end to The actual proceeding, but was solely ineffectual to find out the merits of the claim therein asserted." On the other hand, if we believe, Despite the fact that we don't so come to a decision, that the case, just after being dismissed and in advance of its reinstatement, was "a go well with pending," in the which means of the statute, but, underneath the circumstances, defendant wasn't visited with statutory or constructive discover on the proceedings, due to the fact no motion to reinstate was at any time submitted or entered upon the motion docket, and it is just when the statute With this respect is complied with that constructive discover of this kind of motion is frequented upon the adverse occasion. So within the absence of either actual or constructive observe with the proceedings that resulted from the rendition of judgment versus him, we think defendant showed realistic justification for his absence; In addition, he exhibited meritorious defenses to plaintiff's cause of action, and we fall short to discover how plaintiff could possibly be materially prejudiced by granting defendant a whole new trial. ...
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